U.S. District Judge Lorna Schofield ruled that John Sarcone III, acting U.S. attorney in the Northern District of New York, was serving unlawfully after the Justice Department used personnel maneuvers to keep him beyond a 120‑day statutory limit. The decision — the fifth judicial finding against prosecutors tied to Attorney General Pam Bondi — came during a bid by New York Attorney General Letitia James to quash subpoenas Sarcone issued in connection with her civil fraud suits against Donald Trump and the NRA. Schofield declared the subpoenas invalid and disqualified Sarcone, saying the Executive Branch cannot bypass congressional limits to pursue political opponents.
Judge Rules Fifth Pam Bondi‑Appointed Federal Prosecutor Served Unlawfully; Subpoenas Tied to Trump, NRA Cases Thrown Out
John Sarcone III, the acting U.S. attorney for northern New York. (Michael Hill / AP file)
A federal judge has ruled that the acting U.S. attorney for the Northern District of New York, John Sarcone III, was serving unlawfully after the Justice Department used personnel maneuvers to keep him past a statutory 120‑day limit.
U.S. District Judge Lorna Schofield issued the decision Thursday, marking the fifth time a court has found that a top prosecutor tied to Attorney General Pam Bondi was occupying the office in violation of federal appointment rules.
Schofield said the Department of Justice attempted "workarounds" to maintain Sarcone's role after judges declined to extend his appointment. Rather than following the established succession procedures, the department enacted coordinated personnel moves and title changes to reinstall him as Acting U.S. Attorney.
"The Department of Justice did not follow those procedures. Instead, on the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround."
The ruling came as part of litigation by New York Attorney General Letitia James, who sought to quash grand jury subpoenas Sarcone had issued to her office. The subpoenas sought information related to two civil fraud cases James brought against former President Donald Trump and the National Rifle Association.
Schofield emphasized that Sarcone "personally directed the issuance of both subpoenas; his is the only name on the subpoenas and the documents sought are returnable to him personally." After assuming the title of Acting U.S. Attorney, she wrote, Sarcone used that authority to subpoena a state law‑enforcement office the President had publicly described as a political adversary.
"Grand juries are 'not meant to be the private tool of a prosecutor,' much less one not lawfully appointed," Schofield wrote. "When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority. Subpoenas issued under that authority are invalid."
As a result of the ruling, Schofield found the subpoenas invalid and disqualified Sarcone from the investigation. The Justice Department and Attorney General Letitia James' office did not immediately respond to requests for comment.
Background: Federal vacancy laws limit how long an acting U.S. attorney may serve without Senate confirmation. Courts have recently scrutinized appointments where the executive branch used internal reassignments or title changes to extend an appointee's tenure beyond those limits.
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